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  • Americans’ Views of Political Bias in the Academy and Academic Freedom | AAUP
    peculiar I think the ease with which it apparently evoked general agreement is something we should worry about and I ll be interested in hearing what other panelists think about that In general then I think that the results of this survey are not very comforting when it comes to general public support for academic freedom Gross and Simmons refer to a no funny business cluster comprising 70 percent of the survey respondents holding these ambivalent views While the concept of academic freedom seems to be one that people can embrace when it comes to specific controversies I think we have our work cut out for us in defending the right of academics to examine let alone advocate unpopular points of view Tenure as protection for academic freedom It might be argued that the concept of academic freedom is too abstract for us to expect to learn anything much from responses to a general public opinion poll I should note here that the phrase academic freedom is never even used in the survey questionnaire so that our evidence in that regard is actually only indirect We might be better off therefore looking at something more concrete and more specific Tenure is more concrete in a way it s not just an idea it s something that faculty can be said to have or at least that s the way that we re used to talking about it But when we look at the evidence presented in this paper we run into some challenges in discussing tenure as a means to protect academic freedom The first obstacle as Gross and Simmons report here is that nearly half 45 percent of the general public has never heard of tenure for professors I agree with their characterization that this is a striking finding They go on to suggest that this lack of knowledge allows considerable room for partisan framing of the issue I d say that s an understatement And it also cuts both ways for those who find tenure itself problematic this means that the general public may well be receptive to polemics about how tenure protects incompetence or impedes the ability of colleges and universities to respond flexibly I used the F word there to the evolving needs of employers or industry or whomever is supposedly demanding the flexibility to exploit faculty in a continuing drive to better develop the workforce or stimulate economic innovation At the same time perhaps this means that there is also room for the public to be educated about what tenure really is about We in the AAUP of course would never engage in partisan polemics our task is only to communicate The Truth Yet there is considerable work to be done here Our message is that tenure is not about protecting incompetence rather that it is about protecting academic freedom Tenure does not shield faculty members from reviews of their performance but only ensures that they cannot be removed without due process and appropriate evaluation

    Original URL path: http://www.aaup.org/our-work/research/americans%E2%80%99-views-political-bias-academy-and-academic-freedom (2016-02-13)
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  • Resources for Researching Higher Education | AAUP
    154 page bibliography Alexander W Astin What Matters in College San Francisco Jossey Bass 1993 On student outcomes Change Edited by the American Association for Higher Education A bi monthly magazine which provides a useful resource for following current higher education policy proposals and fads The Chronicle of Higher Education This weekly newspaper is the best source for higher education news the Chronicle website provides subscribers a very useful searchable compendium of news and data Inside Higher Ed This website offers free online news and job information for college and university faculty adjuncts graduate students and administrators 1998 Higher Education Directory Falls Church VA Higher Education Publications Inc 1998 Annual listing of institutional addresses and phone numbers classification characteristics and key administrators A free directory may be downloaded from the NCES web site Directory of Faculty Contracts and Bargaining Agents in Higher Education Published by the National Center for Collective Bargaining in Higher Education and the Professions Baruch College The City University of New York An annual review and listing of higher education collective bargaining relationships and contracts Comparative Costs and Staffing Report for College and University Facilities Alexandria VA Association of Physical Plant Administrators of Universities and Colleges APPA annual Higher Education Journals AAUP Academe Magazine of the American Association of University Professors Association for Institutional Research Research in Higher Education AIR and Ohio State University The Journal of Higher Education ASHE The Review of Higher Education The Journal of the Association for the Study of Higher Education National Education Association Thought and Action Compensation AAUP Annual Report on the Economic Status of the Profession Published annually in the March April issue of Academe the report includes institutional listings and ratings of mean salary and compensation for the current academic year as well as an analytical essay and summary tables CUPA National Faculty Salary Survey By Discipline and Rank in Private Public Universities College and University Personnel Association These annual spring reports provide disciplinary median salary rates by rank and type of institution for the current academic year CUPA Administrative Compensation Survey This annual report presents salary medians and percentiles for academic administrators by type of institution NEA The NEA 2000 Almanac of Higher Education An annual compendium of essays on current higher education issues reports mean salaries by institution based on the NCES IPEDS survey for the academic year previous to the publication year Oklahoma State University Faculty Salary Survey By Discipline An annual report of average also high and low salaries by discipline rank and category of institution for those institutions that are members of the National Association of State Universities and Land Grant Colleges Salaries Tenure and Fringe Benefits Washington National Center for Education Statistics Summarizes IPEDS Salary Survey data by State Accreditation Associations The regional accreditation associations develop recommended general standards regarding faculty appointments and roles The numerous specialized and professional accreditation associations often promote and enforce more specific and rigorous disciplinary standards You may obtain general information on accreditation and the addresses of the

    Original URL path: http://www.aaup.org/our-work/research/resources-researching-higher-education (2016-02-13)
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  • AAUP Faculty Gender Equity Indicators 2006 | AAUP
    the AAUP The Redbook Journal of Academic Freedom AAUP Bookstore News AAUP in the News AAUP Updates For the Media Get Involved Upcoming Events Local Toolkit Issue Campaigns Find Chapters Conferences Start a Chapter I Need Help With Workplace Issues Understanding Terms and Abbreviations Responding to Financial Crisis You are here Home AAUP Faculty Gender Equity Indicators 2006 The report AAUP Faculty Gender Equity Indicators 2006 provides data on four measures of gender equity for faculty at over 1 400 colleges and universities across the country The individual campus listings included in the report will serve to promote discussion of faculty gender equity at the local level where the success of existing strategies to improve the situation of women academics can best be evaluated In this way the AAUP hopes to move discussions about the full participation of women as faculty from the realm of abstract goals into concrete actions for improvement The four indicators compared in the report for men and women faculty are employment status full and part time tenure status for full time faculty promotion to full professor rank and average salary for full time faculty The report consists of three sections an article on Organizing around Gender Equity authored jointly by Professor Martha West of the University of California Davis and John W Curtis AAUP Director of Research and Public Policy aggregate national tables for each of the four equity indicators by type of institution and an appendix listing the four indicators for each individual college and university Data for the report are drawn primarily from the AAUP Faculty Compensation Survey with additional data on part time faculty from the U S Department of Education Download the entire report as a pdf file Trigger Warnings A current threat to academic freedom comes from a demand that

    Original URL path: http://www.aaup.org/reports-publications/publications/see-all/aaup-faculty-gender-equity-indicators-2006 (2016-02-13)
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  • AAUP Amicus Briefs | AAUP
    and Research Energy Environment Legal Institute v Arizona Board of Regents Case No 2CACV 2015 0086 Ariz App Ct Second App Div Dec 3 2015 unpublished remanding Case No C2013 4963 Ariz Sup Ct Pima County March 24 2015 In a case in which the AAUP filed an amicus brief the Arizona Court of Appeals remanded a dispute involving a request for climate scientists research records so that the trial court could weigh de novo the University s contention that disclosure of the records would be detrimental to the best interests of the state against the presumption in favor of disclosure The case arose from a public records request for extensive material from two climate scientists submitted by a legal foundation seeking to use records requests in an attempt to put false science on trial The AAUP filed an amicus brief with the Arizona Court of Appeals and earlier with the trial court arguing that academic freedom to conduct research is essential to a vital university system and to the common good and warranted protecting certain research records from disclosure The American Tradition Institute v Rector Visitors of the University of Virginia Michael Mann 287 Va 330 Va April 17 2014 In this case the Virginia Supreme Court unanimously ruled that a professor s climate research records were exempt from disclosure as academic research records as AAUP argued in an amicus brief submitted to the Court The Court explained that the exclusion of University research records from disclosure was intended to prevent harm to university wide research efforts damage to faculty recruitment and retention undermining of faculty expectations of privacy and confidentiality and impairment of free thought and expression While the decision was limited to a Virginia statute it provided a strong rationale for the defense of academic records from disclosure Cuccinelli v Rector Visitors of the University of Virginia 283 Va 420 2010 In a 2012 decision the Virginia Supreme Court rejected attempts by then Virginia Attorney General Ken Cuccinelli to compel disclosure of university research records Cuccinelli who publicly opposes the theory of global warming used his position to formally request emails and other documents relating to former faculty member and climatologist Michael Mann from the University of Virginia UVA arguing that he had authority to subpoena these records pursuant to the Virginia Fraud Against Taxpayers Act FATA The Supreme Court of Virginia held that state universities as agencies of the Commonwealth do not constitute a person under the FATA and therefore Cuccinelli had no authority to require release of the records and his appeal was rendered moot In another related case the Virginia Supreme Court rejected a request for these records under the Virginia Freedom of Information Act Academic Freedom and Teaching Sussex Commons Associates LLC v Rutgers 416 N J Super 537 App Div 2010 Asking the Appellate Division of the Superior Court of New Jersey court to protect the records of the law clinic the AAUP s joint amicus brief argued that requiring the clinic s records to be released publicly would impinge on the academic freedom rights of Rutgers faculty and students as well as the First Amendment rights of citizens to access and use law clinics Burt v Rumsfeld 322 F Supp 2d 189 D Conn 2004 Burt v Gates 502 F 3d 183 2d Cir 2007 Professor Rubenfeld and members of Yale Law School faculty sued the Department of Defense on First Amendment and Fifth Amendment grounds they argued that the Department was wrong in applying the Solomon Amendment against the university because of the law school s nondiscrimination policy Rumsfeld v Forum for Academic Institutional Rights Inc 547 U S 47 2006 An association of law schools and law faculties alleged that the Solomon Amendment which tied federal funding for institutions of higher education with giving military recruiters access equal to that provided to other recruiters infringed its members First Amendment freedoms of speech and association The Solomon Amendment placed schools in the unwanted position of either violating their own policies regarding discrimination on the basis of sexual orientation or risking millions of dollars in federal funding Read More Affirmative Action Fisher v University of Texas at Austin et al 135 S Ct 2888 2015 The AAUP joined an amicus brief filed on October 30 2015 in the Supreme Court in Fisher v University of Texas at Austin 135 S Ct 2888 2015 Fisher II arguing that consideration of race in the admissions process is appropriate This is the second time the Supreme Court has considered Fisher s challenge to the use of race as a consideration in the University of Texas s holistic admissions process and the fourth time the AAUP has joined an amicus brief in the case This amicus brief advances the AAUP s longstanding view that diversity among the student body is essential not only to students learning experiences and opportunities but to the entire academic enterprise Schuette v Coalition to Defend Affirmative Action 134 S Ct 1623 2014 In this case the U S Supreme Court overturned a lower court ruling that had found unconstitutional provisions of an amendment to the Michigan Constitution banning affirmative action affecting Michigan s public higher education institutions The Court noted that the question was not the permissibility of race conscious admissions policies under the Constitution but whether and in what manner voters in the States may choose to prohibit the consideration of racial preferences in governmental decisions in particular with respect to school admissions The Court held that because there was no specific injury voters had the right to determine whether race based preferences should be permitted by state entities and therefore the amendment banning affirmative action was constitutional The Court made clear however that this ruling does not change the principle outlined in Fisher v University of Texas that the consideration of race in admissions is permissible provided that certain conditions are met Parents Involved in Community Schools v Seattle School District No 1 and Meredith v Jefferson County

    Original URL path: http://www.aaup.org/our-work/legal-program/amicus-briefs (2016-02-13)
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  • Faculty Handbooks Guide | AAUP
    can include policies rules and procedures under which professors work also establishes a contractual relationship between a professor and an institution The issue usually arises in the context of a breach of contract claim and the question is whether the faculty handbook is part of the employment contract between the professor and the institution Contract claims are primarily based on state law and the law affecting the claims varies greatly from state to state A majority of states have held that contractual terms can at times be implied from communications such as oral assurances pre employment statements or handbooks Of these faculty handbooks are the most common source of implied contract terms Faculty handbook cases raise many issues including Must a faculty handbook be expressly incorporated by reference into a professor s letter of appointment for the handbook terms to be enforceable May a faculty handbook become part of a professor s employment contract based on the university s established practices even when no express reference to the handbook exists in that contract Is a faculty handbook a unilateral policy statement subject to change at the discretion of the institution Must a faculty handbook meet the legal contract requirements of offer acceptance and consideration before the handbook is enforceable as an employment contract Consideration is a legal term referring to something of value given in exchange for a promise What is the legal effect of a disclaimer in a faculty handbook in which a college or university disavows any intent to be contractually bound by the contents Will an alleged financial crisis impact a faculty members contractual claims See more information on this topic in our web section on Responding to Financial Crisis Do faculty members at public institutions have a constitutionally protected due process and property interest in continued employment based on a handbook s provisions See here for more information on this topic In a given state are contractual claims different for faculty members at public institutions For faculty at private institutions what limitations have been imposed by the National Labor Relations Board on the language used in handbooks Download the NLRB s guidance on this topic pdf The AAUP legal department extensively updated this guide in 2015 and new cases are added as they arise Because contract claims are governed primarily by state law this guide is organized by state Comprehensive material such as law review articles and other resources are gathered at the end of this guide Here are some additional AAUP website resources that may be relevant to faculty members with potential contractual claims AAUP Amicus Briefs regarding tenure these briefs frequently address whether tenure is a contractual right Resources on Tenure Responding to Financial Crisis Faculty Misconduct and Discipline Faculty Termination Disciplinary Issues De Facto Tenure This guide is not exhaustive and is not intended as legal advice Instead it provides general legal information about this area of the law The Association urges you to consult a lawyer in your state who is experienced

    Original URL path: http://www.aaup.org/our-programs/legal-program/faculty-handbooks-guide (2016-02-13)
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  • Legal Informational Outlines | AAUP
    Family Work Grading Graduate Students The Academic Bill of Rights Minority Serving Institutions Post Tenure Review Retirement Sexual Diversity Gender Identity Teaching Evaluation Tenure Women in Higher Education Reports Publications AAUP Policies Reports Academe Economic Status Report Compensation Survey Bulletin of the AAUP The Redbook Journal of Academic Freedom AAUP Bookstore News AAUP in the News AAUP Updates For the Media Get Involved Upcoming Events Local Toolkit Issue Campaigns Find Chapters Conferences Start a Chapter I Need Help With Workplace Issues Understanding Terms and Abbreviations Responding to Financial Crisis You are here Home Our Programs Legal Program Academic Freedom Shared Governance Research Legal Program AAUP Amicus Briefs Faculty Handbooks Guide Legal Informational Outlines Academic Freedom and Professorial Speech Academic Freedom of Professors and Institutions Legal Round Up What s New and Noteworthy for Higher Education Government Relations Education Training Coalitions Awards Legal Informational Outlines These annual legal roundups summarize and highlight a number of significant decisions affecting academic life and cover hot issues occurring that year They are all printer friendly pdfs Legal roundups summarize decisions and developments on the following topics in the years noted Other topics are addressed periodically Academic Freedom 2009 2015 Academic Research and Freedom of Information Act FOIA Requests 2009 2015 Collective Bargaining 2009 2015 Contingent Faculty Positions 2009 Copyright Distance Education Intellectual Property 2009 2015 Discrimination 2009 2015 Diversity and Affirmative Action 2011 2015 Institutional Authority and Governance 2009 2011 2013 Graduate Students 2011 2015 Sexual Diversity and Gender Identification 2013 2014 Tenure 2009 2015 2015 Legal Roundup 2014 Legal Roundup 2013 Legal Roundup 2012 Legal Roundup 2011 Legal Roundup 2010 Legal Roundup 2009 Legal Roundup For more information about a particular subject please see our list of resources broken down by topic For questions about the cases covered in these roundups please contact

    Original URL path: http://www.aaup.org/our-programs/legal/roundup (2016-02-13)
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  • Federal Activities | AAUP
    a Chapter I Need Help With Workplace Issues Understanding Terms and Abbreviations Responding to Financial Crisis You are here Home Our Programs Government Relations Academic Freedom Shared Governance Research Legal Program Government Relations Federal Government Legislation House Moves Toward Greater Transparency of Government 2009 Letter to Members Border Searches of Electronic Materials 2008 Letter to Members Information for Faculty Who Receive Law Enforcement Inquiries Under the USA Patriot Act 2003 State Governments Capitol Hill Day GR Archive Education Training Coalitions Awards Federal Activities On the federal level the AAUP most often works within coalitions to leverage our resources and offer our expertise on issues of concern to higher education and faculty Here are examples of letters we have signed on to 2015 Recommendations from AAUP AFT and NEA for the Reauthorization Of the Higher Education Act 10 16 2015 2013 Letter to President Obama in support of gainful employment regulations 4 15 2013 amended 5 10 2013 Letter to Appropriations committees supporting funding for labor health and education programs 4 16 2013 Statement on the Defunding of Political Science Research at the National Science Foundation 4 4 2013 Issued by AAUP alone Statement on the Affordable Care Act and Part Time Faculty Positions 4 2 2013 Issued by AAUP alone Letter to Senators opposing cuts to regulatory agencies through the budget process 3 21 2013 Letter to House Intelligence Committee on restricting public access to information 3 11 2013 Letter to Congressional leaders on protecting student aid 2 26 2013 Letter to President Obama about the Freedom of Information Act 2 19 2013 Letter to the House Committee on Oversight and Government Reform 2 19 2013 2012 Letter to Vice President Biden 1 18 2012 Sent by the AAUP alone Letter opposing the Research Works Act 2 9 2012 Letter

    Original URL path: http://www.aaup.org/our-work/government-relations/legislative-activities (2016-02-13)
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  • State Legislative Activities | AAUP
    and Gear Issues Academic Freedom Shared Governance Contingent Faculty Positions Faculty Compensation Copyright Distance Ed Intellectual Property Accreditation Sexual Harassment Assault Academic Research Civility Conflicts of Interest Collective Bargaining Hiring and Promotions Discrimination Diversity Affirmative Action Ethics Faculty Work Workload Family Work Grading Graduate Students The Academic Bill of Rights Minority Serving Institutions Post Tenure Review Retirement Sexual Diversity Gender Identity Teaching Evaluation Tenure Women in Higher Education Reports Publications AAUP Policies Reports Academe Economic Status Report Compensation Survey Bulletin of the AAUP The Redbook Journal of Academic Freedom AAUP Bookstore News AAUP in the News AAUP Updates For the Media Get Involved Upcoming Events Local Toolkit Issue Campaigns Find Chapters Conferences Start a Chapter I Need Help With Workplace Issues Understanding Terms and Abbreviations Responding to Financial Crisis You are here Home Our Programs Government Relations Academic Freedom Shared Governance Research Legal Program Government Relations Federal Government State Governments Capitol Hill Day GR Archive Education Training Coalitions Awards State Legislative Activities The AAUP government relations staff monitors state legislation pertaining to higher education with the help of legislative search engines media outlets and communication from members State conferences carry out most of the AAUP s state level government relations

    Original URL path: http://www.aaup.org/our-work/government-relations/state-legislative-activities (2016-02-13)
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